What materials are required to submit a civil protest application

Materials Needed:

1. The appellate brief (a copy shall be provided according to the number of opposing parties) presenting the reasons for the protest;

2. The identity certificate of the party (the unit needs to submit the identity certificate of the legal representative, the copy of the ** certificate of the organization, the copy of the ID card of the legal representative, and the copy of the business license of the enterprise);

3. Judgment;

4. If the party authorizes another person to file an appeal on behalf of the party, a power of attorney shall be provided.

Object of civil appeal:

The procuratorate with the right to protest is the procuratorate at the next higher level of the court that made the effective judgment or ruling, but the procuratorate at the same level may also request the procuratorate at the next higher level to raise a protest against the court's erroneous effective judgment or ruling, so you can apply to the municipal procuratorate for a protest (i.e., appeal) or to the provincial procuratorate.

Civil Protest Procedure:

1. Raising a procuratorial counter-appeal: The submission of a procuratorial counter-appeal refers to the level of people's procuratorate to which the people's procuratorate may raise a procuratorial counter-appeal against a judgment or ruling of the people's court at that level that has already taken legal effect. According to the provisions of the Civil Procedure Law of the People's Republic of China, the Supreme People's Procuratorate may raise a prosecutorial counter-appeal against a judgment or ruling of a people's court at any level that has already taken legal effect, and a higher level people's procuratorate may raise a prosecutorial counter-appeal against a judgment or ruling of a lower level people's court that has taken legal effect; Local people's procuratorates at all levels must not directly raise a procuratorial counter-appeal against a judgment or ruling of the people's court at the same level that has already taken legal effect, but may only request that the people's procuratorate at the level above submit a procuratorial counter-appeal.

2. Methods of Procuratorial Counter-Appeals: The methods of procuratorial counter-appeals refer to the methods adopted by the people's procuratorate to raise a procuratorial counter-appeal against an effective judgment of a people's court. Where the people's procuratorate decides to raise a prosecutorial counter-appeal against an effective judgment of the people's court, it shall draft a written counter-appeal. The written protest is a legal document in which the people's procuratorate lodges a protest against an effective judgment of a people's court, and is also a legal document in which the people's procuratorate exercises its power of procuratorial supervision to cause a retrial of a counter-litigation case.

The written protest shall indicate: the people's procuratorate that raised the protest and the people's court that accepts the protest; The judgment or ruling of the original trial court of the protest case on the case number and its legal effect; the facts and grounds for the protest; Time to file a protest. Where there is evidence, the people's procuratorate may provide evidence to the people's court at the same time as submitting a written counter-appeal to the people's court, or provide evidence**.

Original and photocopy of ID card, original and photocopy of application, original and photocopy of judgment, and reason for protest.

What information should be provided for a civil appeal.

Legal analysis1. Basic information of the applicant;

2. The basic facts of the case of the application for prosecutorial counter-appeal;

3. The facts and reasons for applying for a protest;

Legal Stove Kai basis5. Evidence and evidence**, etc.

According to article 232 of the Criminal Procedure Law of the People's Republic of China, local people's procuratorates at all levels shall submit a written protest through the original people's court to the people's court at the same level for a first-instance judgment or ruling, and send a copy of the protest to the people's procuratorate at the level above. The original people's court for the trial of the imperial defense shall transfer the written counter-appeal, together with the case file and evidence, to the people's court at the level above, and send a copy of the written counter-appeal to the parties. If a higher level People's Procuratorate finds that a prosecutorial counter-appeal is improper, it may withdraw the prosecutorial counter-appeal to the people's court at the same level and notify the lower level People's Procuratorate.

Legal basisCriminal Procedure Law of the People's Republic of China》 Article 232: Local people's procuratorates at all levels shall submit a written protest through the original people's court through the original people's court for a first-instance judgment or ruling of a people's court at the same level, and send a copy of the counter-appeal to the people's procuratorate at the level above. The original people's court shall transfer the written counter-appeal together with the case file and evidence to the people's court at the level above, and send a copy of the written counter-appeal to the parties. If a higher level People's Procuratorate finds that a prosecutorial counter-appeal is improper, it may withdraw the prosecutorial counter-appeal to the people's court at the same level and notify the lower level People's Procuratorate.

Legal basis: Rules for the Supervision of Civil Litigation of the People's Procuratorate Article 92: When the people's procuratorate raises a procuratorial counter-appeal, it shall draft a "Written Counter-Appeal", and within 15 days of the decision to raise a procuratorial counter-appeal, transfer the "Procuratorial Counter-Appeal" together with the case file to the people's court at the same level, and draft a "Notice" of the decision to raise a procuratorial counter-appeal, and send it to the parties. Article 93: Where the people's procuratorate finds that a party's application for supervision does not meet the requirements for a prosecutorial counter-appeal, it shall make a decision not to support the application for supervision and supervision, and draft a "Decision not to support the application for supervision" within 15 days of the decision, and send it to the party.

In cases where a lower level People's Procuratorate submits a prosecutorial counter-appeal, the higher-level People's Procuratorate may entrust the People's Procuratorate that submitted the prosecutorial counter-appeal to send the "Decision Not to Support Application for Supervision" to the parties.